Case 1:12-cv-00049-RC Document Filed 07/24/12 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT DEFENSE, and
CENTRAL INTELLIGENCE AGENCY,
Defendants.
Civil Action No.
1:12-cv-00049-RC
DEFENDANT SECOND MOTION EXTEND BRIEFING SCHEDULE
Defendants United States Department Defense DoD and Central Intelligence
Agency CIA respectfully request extension the due date for their motion for summary
judgment this Freedom Information Act case and proportional resetting the remaining
deadlines. Plaintiff Judicial Watch opposes this motion. Defendants aver the following
support their request:
Defendants recently moved for 11-day extension the due date for their
motion for summary judgment, due ongoing discussions between the parties
about narrowing the issues briefed, and other commitments defense
counsel. Dkt. No. 12. Defendants motion was their first for extension time this case, was unopposed plaintiff, and the Court granted it. July 12, 2012
Minute Order.
Accordingly, the current schedule follows: defendants motion for summary
judgment filed before July 27, 2012; plaintiff combined opposition
and cross-motion for summary judgment filed before August 24, 2012;
Case 1:12-cv-00049-RC Document Filed 07/24/12 Page
defendants combined opposition/reply filed before September 14,
2012; and plaintiff reply filed before September 28, 2012. Id.
Defendants were preparing their motion for summary judgment, consistent with
the above schedule, when the CIA discovered inch stack records
potentially responsive plaintiff FOIA request that had been inadvertently
overlooked during the CIA search. Agency counsel responsible for this case agency counsel was notified the existence these potentially-responsive
records July 12, 2012, and was able review these records for the first time July 17, 2012. that same day, agency counsel informed the undersigned
DOJ counsel, Marcia Berman, their existence. July 19, 2012, agency
counsel provided Ms. Berman with additional details about the volume the
newly-discovered documents, whether the documents contained any duplicates
already-produced records, and how much time would take for the agency
process the new documents. Ms. Berman called opposing counsel that day
alert him the newly-discovered documents and discuss their impact the
current briefing schedule.
From its initial review the documents, the CIA has determined that the newlydiscovered documents are responsive plaintiff request but contain some
duplicates produced records. The CIA estimates that there are approximately new documents (primarily emails), with many documents containing multiple
pages.
The CIA previously produced plaintiff 113 pages released-in-part records
Case 1:12-cv-00049-RC Document Filed 07/24/12 Page
and withheld full documents. The CIA and DoD produced responsive
records plaintiff May 18, 2012, pursuant the Court-ordered schedule, and
sought extensions that deadline.
The CIA has already begun reviewing the newly-discovered documents,
expedited basis. The review and processing the documents must
coordinated with defendant DoD, various officials DOJ, and other senior
officials within the Government. The CIA believes this expedited review and
processing can completed August 24, 2011.1
The CIA continuing look into the circumstances the discovery the new
documents ensure the adequacy its search. The CIA does not anticipate
these efforts resulting further delays this case.
Accordingly, defendants respectfully propose the following altered schedule:
defendants produce any additional responsive, non-exempt documents
plaintiff before August 24, 2012; plaintiff notify defendants any
challenges any withholdings from the newly-produced records before
August 31, 2012; defendants motion for summary judgment filed
before September 14, 2012; plaintiff combined opposition and cross-motion for
summary judgment filed before October 12, 2012; defendants
combined opposition/reply filed before November 2012; and
plaintiff reply filed before November 16, 2012.
Ms. Berman notes that she has pre-planned, pre-paid vacation scheduled for August through 17.
Case 1:12-cv-00049-RC Document Filed 07/24/12 Page would inefficient and impractical for defendants essentially file two
motions for summary judgment one July 27, for the already-produced
documents, and subsequent one covering any newly-produced documents. Such approach wastes the resources the parties and the Court and would not result plaintiff receiving ruling this case any sooner than will under defendants
proposed schedule.
10. Friday, July 20, 2012, counsel for plaintiff informed Ms. Berman that plaintiff
opposes defendants request alter the briefing schedule light the newlydiscovered documents.
Date: July 24, 2012
Respectfully Submitted,
STUART DELERY
Acting Assistant Attorney General
JOHN TYLER
Assistant Director, Federal Programs Branch
/s/ Marcia Berman
MARCIA BERMAN
Senior Trial Counsel
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Avenue N.W. Room 7132
Washington, D.C. 20530
Tel.: (202) 514-2205
Fax: (202) 616-8470
Email: marcia.berman@usdoj.gov
Attorneys for Defendants.